UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-2403

LACRECIA LEGG, as Administratrix of the Estate

of Mark Sutphin Hanna; MARK SUTPHIN HANNA,
Plaintiffs - Appellants,
versus
KLLM, INCORPORATED, a Texas corporation;
GUSTAVO JIMENEZ, d/b/a Southwest Freightlines,
a Texas corporation; KEITH JAMES PIERCE, an
individual; MANUEL HERNANDEZ MEDRANO, an
individual,
Defendants - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Robert C. Chambers,
District Judge. (CA-05-540)

Submitted:

October 11, 2006

Decided:

November 6, 2006

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anne E. Shaffer, Charleston, West Virginia; Kimberly E. Williams,

WHITEMAN BURDETTE, P.L.L.C., Charleston, West Virginia, for
Appellants.
Thomas V. Flaherty, Jaclyn A. Bryk, FLAHERTY,
SENSABAUGH & BONASSO, P.L.L.C., Charleston, West Virginia; Neva G.
Lusk, Jill C. Bentz, SPILMAN, THOMAS & BATTLE, P.L.L.C.,
Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
LaCrecia Legg, as personal representative of the estate
of

Mark

Sutphin

Hanna,

appeals

the

district

courts

partial

judgment order in favor of KLLM, Inc., and Keith James Pierce in

this wrongful death action.

The district court ordered that

judgment should be entered without delay.*

54(b).

See Fed. R. Civ. P.

Although neither Legg, KLLM, nor Pierce has challenged the

district courts apparent certification of this appeal under Rule

54(b), we must consider sua sponte the issue of whether the courts
entry of final judgment was warranted because it involves the scope
of our jurisdiction.

See Snowden v. CheckPoint Check Cashing, 290

F.3d 631, 635 (4th Cir. 2002) ([W]hen our appellate jurisdiction
is in doubt, we must sua sponte raise and address the matter.).
We dismiss the appeal for lack of jurisdiction.
Certification pursuant to Rule 54(b) is disfavored in
this circuit.

Braswell Shipyards, Inc. v. Beazer East, Inc.,

2 F.3d 1331, 1335 (4th Cir. 1993).

In certifying an appeal, the

district court must determine whether there is no just reason for

the delay in the entry of judgment.

Id.

Although we have set

forth factors a court should consider in making such determination,

id. at 1335-36, the district court did not address any of those
factors in its order. The expression of clear and cogent findings

Leggs action against the remaining defendants has been

stayed by the district court pending resolution of this appeal.
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of

fact

is

crucial

for

certification decision.
Because

the

appellate

review

of

the

courts

Id. at 1336.
district

court

did

not

set

forth

its

rationale in ordering that judgment against KLLM and Pierce be

entered

without

delay,

we

dismiss

the

appeal

for

lack

of

jurisdiction. See id. at 1335-36; see also Curtiss-Wright Corp. v.

Gen. Elec. Corp., 446 U.S. 1, 10 (1980).

We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED

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